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HomeMy WebLinkAboutInt Ofc E Demarco by Wiseman_Redacted S.A. 15-005 Investigator: ERIC WISEMAN Approved By: Date of Report: 03/17/2015 Date: 03/20/2015 Page 1 of 4 CASE NAME: OSORIO, BENITO CLASSIFICATION: OFFICER INVOLVED SHOOTING (FATAL) INTERVIEW OF: ED DEMARCO, RESERVE POLICE OFFICER SANTA ANA POLICE DEPARTMENT PRESENT: PAUL MCCLASKEY, DETECTIVE SANTA ANA POLICE DEPARTMENT DATE AND TIME: MARCH 11, 2015 1826 - 1839 HOURS LOCATION: SANTA ANA POLICE DEPARTMENT On the listed date and time, I conducted an audio digitally recorded interview of Santa Ana Police Department (SAPD) Reserve Officer ED DEMARCO in reference to the officer involved shooting investigation of BENITO OSORIO. DEMARCO provided his statement freely and voluntarily. The following is a summary of the interview: DEMARCO is a retired captain with SAPD and is currently a Santa Ana Police Reserve Officer assigned to field operations. DEMARCO was on duty, working in a two-man car with SAPD Officer BILL SWEET on Wednesday, March 11, 2015. DEMARCO was wearing a Santa Ana Police Department issued navy blue uniform with Santa Ana Police Department patches on both shirt sleeves, a Santa Ana Police Officer badge above his left breast pocket and a name tag above his right breast pocket. He was the passenger officer in SAPD vehicle #853 and assigned radio call sign 172 Alpha. At approximately 1251 hours, DEMARCO and SWEET were in the area of First Street and Bristol Street, in Santa Ana, when they heard a radio call of shots fired in the area of 800 South ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE BUREAU OF INVESTIGATION INTERVIEW REPORT S.A. 15-005 Investigator: ERIC WISEMAN Approved By: Date of Report: 03/17/2015 Date: 03/20/2015 Page 2 of 4 Cypress Street. Further information indicated that two men were involved in a fight and one was armed with a firearm and shots had been fired. Additional information was relayed that one of the suspects was leaving the scene in a white, possibly a Nissan or Toyota pick-up truck. DEMARCO and SWEET began responding to the area of the shooting when they heard SAPD Motor Officer JIM BERWANGER, broadcast that he was in the area of Chestnut Avenue and Bishop Street, heading westbound toward Main Street, following the vehicle possibly involved in the shooting incident. DEMARCO and SWEET turned southbound onto Main Street from Pine Street. Shortly after, DEMARCO saw a white Toyota Tacoma, turn northbound Main Street with Officer BERWANGER following behind. Officer BERWANGER radioed to DEMARCO and SWEET’S unit, driving southbound on Main Street approaching him, that this was the suspect vehicle involved in the shooting. Traffic was extremely heavy on northbound Main Street, with traffic stopped in both lanes between First Street and Pine Street. DEMARCO and SWEET activated their overhead lights and made a U-turn from southbound Main Street to northbound Main Street, stopping approximately 25 to 30 yards behind the suspect vehicle that was now stopped in the number two lane of South Main Street, due to the heavy traffic. DEMARCO and SWEET exited their vehicle and removed their service weapons from their holsters, taking a position of cover behind the driver and front passenger doors. DEMARCO was on the passenger side of the vehicle. Other units immediately arrived. Officer BERWANGER parked on the grass area east of DEMARCO’S unit, on the eastside of South Main Street. The officer, who was stopped directly to their west, began calling out commands to the driver of the Toyota Tacoma, later identified as BENITO OSORIO. This officer then advised that OSORIO had a gun up to his head and ordered him numerous times to, “drop your gun, drop your gun, it’s not worth it.” DEMARCO believed that SAPD Officer ENRIQUEZ was the officer S.A. 15-005 Investigator: ERIC WISEMAN Approved By: Date of Report: 03/17/2015 Date: 03/20/2015 Page 3 of 4 directly to their left and giving commands, but was not absolutely sure of this. By this time SAPD officers had cleared all traffic stopped in front of the suspect vehicle and all southbound traffic on South Main Street. OSORIO made no attempt to drive away, however his vehicle was still running. Approximately one minute later, DEMARCO heard the sound of a gunshot from inside of the truck . He saw OSORIO begin convulsing and moving around inside of the truck. OSORIO then pushed the gas pedal to the floor, revving the engine greatly. DEMARCO believed that the transmission must have been in park because the vehicle did not move forward and the wheels did not turn. DEMARCO and other officers began to approach the suspect vehicle from the east side, but moved back to a position of cover awaiting the arrival of a shield or other protection when OSORIO was seen still moving within the vehicle. DEMARCO heard an unknown officer state that OSORIO was talking on his cellular telephone, while still seated in his vehicle. Shortly after this, OSORIO put his hands down, opened the driver door of the vehicle and began to exit. DEMARCO could only see the top of OSORIO’s head, as he exited the vehicle and could not see his hands from his position behind the suspect vehicle. After OSORIO exited his vehicle, there was a slight hesitation by the officers and DEMARCO heard officers order the suspect to drop his gun several times. DEMARCO then heard a number of shots fired towards the suspect. DEMARCO saw OSORIO go down to the ground and observed a gun fall to the ground under the truck. DEMARCO assisted in clearing the truck for any other suspects and paramedics immediately arrived on scene and began providing medical aid to OSORIO. DEMARCO could see that OSORIO had trauma to his face area and several bullet entrance wounds to his upper body when his shirt was removed. SWEET told DEMARCO that he had fired rounds at the suspect. DEMARCO stated that he did not fire his weapon at the suspect, because his view of the suspect’s hands was obscured by the S.A. 15-005 Investigator: ERIC WISEMAN Approved By: Date of Report: 03/17/2015 Date: 03/20/2015 Page 4 of 4 back of the suspect vehicle, and he did not have a clear shot. Because of DEMARCO’S position of cover behind the right front door of his patrol unit and his angle to the suspect, he could not see if OSORIO had a gun in his hands when he exited his vehicle. I presented DEMARCO with a hand written diagram depicting the approximate location of OSORIO’S vehicle and several of the SAPD unit’s locations on the street at the time of the shooting. DEMARCO identified his unit as #853, parked against the east curb line of northbound Main Street; however he believed that unit #853 was stopped further out in the roadway. DEMARCO placed an “X” on the diagram and signed his name to indicate his position at the time of the officer involved shooting. Refer to the attached diagram for further reference.